Provisional text
ORDER OF THE PRESIDENT OF THE COURT
10 May 2017 (*)
(Removal from the Register)
In Case C‑361/16 P-REV,
APPLICATION for revision of the order of 8 November 2016, Franmax v EUIPO (C‑361/16 P, EU:C:2016:834), brought on 20 March 2017,
Franmax UAB, established in Vilnius (Lithuania), represented by E. Saukalas, advokatas,
applicant for revision,
the other parties to the proceedings being:
European Union Intellectual Property Office (EUIPO), represented by D. Botis, acting as Agent,
Ehrmann AG Oberschönegg im Allgäu, established in Oberschönegg (Germany), represented by A. Gaul, Rechtsanwalt,
THE PRESIDENT OF THE COURT,
after hearing the Advocate General, Y. Bot,
makes the following
Order
1 By document lodged via e-Curia on 4 April 2017, Franmax UAB informed the Court, in accordance with Article 148 of the Rules of Procedure, that it wished to withdraw its application for revision.
2 By document lodged via e-Curia on 6 April 2017, EUIPO informed the Court that it had no remarks to make on the withdrawal, but requested nonetheless that Franmax UAB be ordered to pay the costs. Ehrmann AG Oberschönegg im Allgäu did not submit any observations on the withdrawal.
3 Under Article 141(1) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. Furthermore, in accordance with Article 141(4) of those rules, if costs are not claimed, the parties are to bear their own costs.
4 In the light of the circumstances of the present case, Franmax UAB must therefore be ordered to pay the costs incurred by EUIPO. Ehrmann AG Oberschönegg im Allgäu shall bear its own costs.
On those grounds, the President of the Court hereby orders:
1. Case C‑361/16 P-REV is removed from the Register of the Court.
2. Franmax UAB shall pay the costs incurred by EUIPO.
3. Ehrmann AG Oberschönegg im Allgäu shall bear its own costs.
Luxembourg, 10 May 2017.
A. Calot Escobar | | K. Lenaerts |